Against Explainable Artificial Intelligence In Law: Why Justifiable Ai Matters. A Credit Scoring Example
2026-08-07 • Computers and Society
Computers and Society
AI summaryⓘ
The authors looked at how artificial intelligence, especially in credit scoring, fits with European Union laws. They studied the legal rules and combined them with technical knowledge to better understand how these rules apply to AI systems. The authors argue against a limited view of the "right to explanation" and say it should include not only technical details but also legal reasons. This broader view helps protect the rights of people applying for credit more effectively.
Artificial IntelligenceCredit ScoringExplainabilityRight to ExplanationEU LawMachine LearningLegal JustificationData ProtectionArtificial Intelligence EthicsEU GDPR
Authors
Łukasz Górski
Abstract
Artificial intelligence-based solutions offer new efficiency-increasing possibilities in many applications, including credit scoring. Yet, the increasing sophistication of machine-learning models in use raises concerns regarding many of their aspects, explainability notwithstanding. We review the relevant EU legal background and integrate this review with insights from technical sciences to interpret relevant legal provisions in the light of technological possibilities. We reject the narrow interpretations of the right to explanation and suggest the broad one, which encompasses not only a technical explanations but also a legal justification as the only one that allows to safeguard the creditors rights in an operative manner.